ADA and the Job Search Process

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ADA and the Job Search Process

• Theresa Green-Ervin, GCDFI
• Undergraduate Career Services Office
• Kelley School of Business
• Room P100
• www.ucso.indiana.edu

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Overview of the ADA

• The Americans with Disability Act (ADA)
  represents one of the most significant changes in
  the federal regulation of private sector
  employers since the Civil Rights Act of 1964.

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GOAL OF ADA

• To provide a clear and comprehensive national
  mandate for the elimination of discrimination
  against individuals with disabilities

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Overview of the ADA

• Established in 1990 - created many rights for
  disabled individuals and established many
  responsibilities relating to this class of
  individuals for employers with more than (15)
  employees.

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Overview of the ADA

• Protects qualified individuals with disabilities
  from unlawful discrimination in the workplace,
  including access to training and career
  development.
• A qualified individual is one who can perform the
  essential functions of the job with or without
  reasonable accommodation

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Disability

• The act of physical or mental impairment that
  substantially limits one of more major life
  activities such as bathing, dressing, toileting,
  transferring, continence and eating.

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Protected Group

• Individuals who
• Have a physical or mental impairment that
  substantially limits one or more major life
  activities
• Have a record of such impairment
• Are regarded as having such an impairment

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Title I Employment

• Prohibits discrimination against
• Recruitment Firing
• Hiring Training
• Job Assignment Promotions
• Pay Benefits
• Lay off Leave
• All other employment related activities

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Medical Problems covered by ADA (Examples)

• Alcoholism and Drug Addiction
• Cancer
• Emotional illness
• Diabetes
• Multiple sclerosis
• Specific learning disabilities
• Mental retardation

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Essential Function

• Primary job duties that a qualified individual
  must be able to perform, either with or without
  accommodation.

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Job Function(s)

• A job function may be considered essential for
  several reasons if
• It is the reason the position exists
• There is a limited number of employees among whom
  the job function can be distributed
• This function is highly specialized and the
  incumbent holds the position because of expertise

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Reasonable Accommodation

• Modifying or adjusting a job application process,
  a work environment, or the circumstances under
  which a job is usually performed to enable a
  qualified individual with a disability to be
  considered for the job and perform its essential
  functions.

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Reasonable Accommodations - Examples

• Installing a ramp, modifying workspace or
  restroom
• Sign language interpreters
• Making changes to reduce noisy distractions
• Training/written material in accessible format
• TTYs for use with telephone
• Time off for treatment for a disability

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Undue Hardship

• Any action that requires significant difficulty
  or expense in relation to the size of the
  employer, the resources available, and the nature
  of the operation.

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Undue Hardship

• Includes any action that is
• Unduly cost
• Extensive
• Substantial
• Disruptive
• Or that would fundamentally alter the nature or
  operation of the business

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Pre/Post Employment Inquiries

• The ADA prohibits pre-offer of employment
  inquiries regarding whether an individual has any
  disabilities that will inhibit performance of the
  job.

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Pre-Employment Issues

• The job application is a pre-employment inquiry
  under the ADA.
• Purpose is to acquire information relative to
  skills, abilities, training, credentials and
  references.
• Questions about current illnesses, medications,
  medical treatment, substance abuse, disabilities,
  injuries or workers compensation are prohibited.

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Pre-Employment Issues

• Only after the offer for employment has been
  extended, may an employer inquire about
• a disability.

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Job Applications

• Responding to illegal questions
• Individual decision
• Not applicable
• I can perform the essential functions of the job
  with or without reasonable accommodations
• Gaps in time
• Personal reasons
• Explain the gap

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ADA - Interview Process

• It is now necessary to consider an applicants
  qualification independently from an applicants
  medical condition.
• Pre-Offer Stage
• Post-Offer Stage

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Pre-Offer Stage

• An employer may not ask disability related
  questions on employment applications and during
  job interviews (application process)
• The only exception is questions that may assist
  an employer in providing accommodation during the
  interview

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Pre-Offer Stage

• An employer may not ask questions about an
  applicants workers compensation history
  (job-related injuries)
• Employers may not require medical examinations
  during the pre-interview stage
• Employer is allowed to give vision test as long
  as the test is not medical

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Post-Application Stage

• If a conditional job offer is made, the employer
  may ask questions about disabilities and require
  medical examinations
• Employer may ask questions that were not
  permitted during the pre-offer stage (allowable
  ONLY if a real job offer is extended)

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After a person receives a legitimate job offer,
it is permissible to ask about use of sick leave
and about the employees workers compensation
history (general questions about physical/mental
health are also permitted
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Post-Offer Stage

• Employer may ask individuals if they need
  reasonable accommodation
• Employer may ask for documentation that the
  persons disability is covered under ADA
• Employer may choose to screen a person with a
  disability out because of safety concerns

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Disclosing Your Disability

• The ADA does not require an employee to inform an
  employer of a disability at a particular time
• Consider the advantages, disadvantages, and
  timing of disclosure
• Consider if your disability may affect essential
  job-related functions or require an accommodation